De Fay v. East & West Ins.

LA BUY, District Judge.

Defendant has filed a motion to strike plaintiff’s amended complaint and to dismiss the suit. The policy of insurance sued upon provides: “It is a condition of this policy that no suit, action or proceeding for the recovery of any claim under this policy shall be maintainable in any court of law or equity unless the same be commenced within twelve (12) months next after the calendar date of the happening of the physical loss or damage out of which said claim arose.”

The loss and damage alleged to have resulted from the fire and for which claim is made herein occurred on…